The right to privacy protect a women s right to have an abortion because the court or a judge cannot use – Get help from top-rated tutors 2024

The right to privacy protect a women’s right to have an abortion because, the court or a judge cannot use the way the feel about something to make a ruling “In determining which rights are fundamental, judges are not left at large to decide cases in light of their personal and private notions. Rather, they must look to the “traditions and [collective] conscience of our people” to determine whether a principle is “so rooted [there] . . . as to be ranked as fundamental.” Snyder v. Massachusetts, 105. The inquiry is whether a right involved is of such a character that it cannot be denied without violating those “fundamental principles of liberty and justice which lie at the base of all our civil and political institutions. They stated that there can be no judgement made because of something that may be fundamental to that judge. So, the way he/she was raised and what may have been instilled in him/her should not come into play when making a ruling.

Moreover, the courts have ruled that “The Court made clear that as a basic right to privacy protected by the Due Process Clause of the Fourteenth Amendment, the woman’s right is “fundamental,” meaning that governmental attempts to interfere with the right are subject to “strict scrutiny.”  To withstand strict scrutiny, the government must show that its law or policy is necessary to achieve a compelling interest.  The law or policy must also be narrowly tailored to achieve the interest and must be the least restrictive means for doing so”. In other word’s the government cannot put a restriction on a woman for wanted to do what she feels is best for her. Unless they can show that the law passed is going to be something that has an overwhelming effect on a bigger situation. So, to answer the first question the court has said that a women’s right is fundamental. In more than one ruling on the subject the court has held that those principles at the core of our system laid the foundation for the system from which we operate.

The second part of the question is it constitutionally valid interpretation of the right to privacy? From our text book in the ruling of Roe v. Wade that “On January 22, 1973, the Court, 7–2, ruled that the right to privacy found in the Due Process Clause of the Fourteenth Amendment was “broad enough to encompass a woman’s decision whether or not to terminate her pregnancy” (Roe v. Wade, 1973, p. 153)( Ivers, G., 2013, Pg. 10.3). The court is the ruling body when it come to what is and is not constitutional. Using the Fourteenth Amendment, and Due Process I would have to say it a valid interpretation of the Constitution. Here my reason if it’s illegal to deprive someone of life, liberty, or property how than would it be legal to force an unwanted child on that person because of a law?  The choice is left up to the person who life is going to change because of the choice they make. The Fourteenth Amendment, limited the action putting those that make the laws in check.

Refernces

Ivers, G. (2013). Constitutional law: An introduction [Electronic version]. Retrieved from https://content.ashford.edu/

https://www.law.cornell.edu/supremecourt/text/381/479

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https://nwlc.org/resources/roe-v-wade-and-right-abortion